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#391611 - 01/16/09 03:57 PM Question for PORNLAW....about the "valley"+
Anonymous
Unregistered


perhaps a "dumb" question but here it goes....

The Mann Act (aka, United States White-Slave Traffic Act of 1910) is currently used more specifically targeting prostitution cases. As a "Federal Law" would it supercede any state law in effect on two levels....

A) LEGAL (with license) prostitution (brothels) within the State of Nevada
and
B) LEGAL (with paperwork) adult content productions within the State of California

or is this a grey area altogether or comparing apples to oranges....I can see where both activities can be charged more vigoursly in say a state where legal precedent has yet to be established.

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#391612 - 01/17/09 07:15 AM Re: Question for PORNLAW....about the "valley"+
pornlaw Offline
AC Cream Wannabe

Registered: 01/01/06
Posts: 459
Loc: California
I cant say that I fully understand your question, but here goes...

The Mann Act regulates interstate commerce and travel, not prostitution and pornography production. Interstate travel is outside the authority of the states and solely a federal issue. Prostitution and adult content production are a state issue, and even though, legal in some states, the transportation of women to those states could still be considered illegal under the act.

Think of it this way. The sale of medical marijuana is legal under California state law, not federal law. If someone was raising a crop of marijuana in New York for sale in California and was caught delivering 2 tons of marijuana in the back of their truck in Kansas as they were driving the marijuana to California, do you believe they could claim that they are innocent of possession and distribution with the intent to sell since medical marijuana is legal in California ? Not likely.

The Mann Act is not usually invoked in cases as you have presented though. The immoral aspect of the law as basically be replaced with illegal, but that doesnt mean the feds couldnt try. I think you would have to look at a case by case basis. Unfortunately there are no absolute truths in law.
_________________________
Michael www.AdultBizLaw.com

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#391613 - 01/17/09 04:39 PM Re: Question for PORNLAW....about the "valley"+
Anonymous
Unregistered


Quote:

I cant say that I fully understand your question, but here goes...

The Mann Act regulates interstate commerce and travel, not prostitution and pornography production. Interstate travel is outside the authority of the states and solely a federal issue. Prostitution and adult content production are a state issue, and even though, legal in some states, the transportation of women to those states could still be considered illegal under the act.

Think of it this way. The sale of medical marijuana is legal under California state law, not federal law. If someone was raising a crop of marijuana in New York for sale in California and was caught delivering 2 tons of marijuana in the back of their truck in Kansas as they were driving the marijuana to California, do you believe they could claim that they are innocent of possession and distribution with the intent to sell since medical marijuana is legal in California ? Not likely.

The Mann Act is not usually invoked in cases as you have presented though. The immoral aspect of the law as basically be replaced with illegal, but that doesnt mean the feds couldnt try. I think you would have to look at a case by case basis. Unfortunately there are no absolute truths in law.




Ok...then let’s say a "legal" legit adult agency in CA sent out a few "models" to lets say...So FL...To an internet company....since it’s related to interstate commerce...it could be then justifiably prosecuted as such DOJ wise.

Now separately...If the "models" were located in Jacksonville, FL and they had purchased round trip airfare to the agency in LA to get her work in So CA or then they flew them straight from Jacksonville to Miami (they stayed within the State of Florida during the entire time).

I wanted to maintain strictly within the Mann Act….and not get the DEA involved also into the scenario….but it was a good analogy just the same.

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